80_FR_12284 80 FR 12240 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Specifying in Exchange Rules the Exchange's Use of Certain Data Feeds for Order Handling and Execution, Order Routing, and Regulatory Compliance

80 FR 12240 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Specifying in Exchange Rules the Exchange's Use of Certain Data Feeds for Order Handling and Execution, Order Routing, and Regulatory Compliance

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 44 (March 6, 2015)

Page Range12240-12242
FR Document2015-05164

Federal Register, Volume 80 Issue 44 (Friday, March 6, 2015)
[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12240-12242]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05164]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74410; File No. SR-NYSE-2015-09]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Specifying in Exchange Rules the Exchange's Use of Certain Data Feeds 
for Order Handling and Execution, Order Routing, and Regulatory 
Compliance

March 2, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on February 24, 2015, New York Stock Exchange LLC (``NYSE'' 
or the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I 
and II below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to specify in Exchange rules the Exchange's 
use of certain data feeds for order handling and execution, order 
routing, and regulatory compliance. The text of the proposed rule 
change is available on the Exchange's Web site at www.nyse.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

[[Page 12241]]

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On June 5, 2014, in a speech entitled ``Enhancing Our Market Equity 
Structure,'' Mary Jo White, Chair of the Securities and Exchange 
Commission (``SEC'' or the ``Commission'') requested the equity 
exchanges to file with the Commission the data feeds used for purposes 
of (1) order handling and execution (e.g., with pegged or midpoint 
orders); (2) order routing, and (3) regulatory compliance, if 
applicable.\4\ Subsequent to the Chair's speech, the Division of 
Trading and Markets stated that it ``believes there is a need for 
clarity regarding whether (1) the SIP data feeds, (2) proprietary data 
feeds, or (3) a combination thereof,'' are used for these purposes and 
requested that proposed rule changes be filed that disclose such 
information.\5\ The stated goal of disclosing this information was to 
provide broker-dealers and investors with enhanced transparency to 
better assess the quality of an exchange's execution and routing 
services.
---------------------------------------------------------------------------

    \4\ See Mary Jo White, Chair, Securities and Exchange 
Commission, Speech at the Sandler, O'Neill & Partners, L.P. Global 
Exchange and Brokerage Conference (June 5, 2014) (available at 
www.sec.gov/News/Speech/Detail/Speech/1370542004312#.U5HI-fmwJiw).
    \5\ See Letter from James Burns, Deputy Director, Division of 
Trading and Markets, Securities and Exchange Commission, to Jeffrey 
C. Sprecher, Chief Executive Officer, Intercontinental Exchange, 
Inc., dated June 20, 2014.
---------------------------------------------------------------------------

    On July 18, 2014, in response to the above request, the Exchange 
filed a proposed rule change that clarified the Exchange's use of 
certain data feeds for order handling and execution, order routing, and 
regulatory compliance.\6\ As noted in that filing, the data feeds 
available for the purposes of order handling and execution, order 
routing, and regulatory compliance at the Exchange include the 
exclusive securities information processor (``SIP'') data feeds.\7\
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    \6\ See Securities Exchange Act Release No. 72710 (July 29, 
2014), 79 FR 45511 (Aug. 5, 2014) (SR-NYSE-2014-38) (``July 2014 
Data Feed Filing'').
    \7\ The SIP feeds are disseminated pursuant to effective joint-
industry plans as required by Rule 603(b) of Regulation NMS. 17 CFR 
242.603(b). The three joint-industry plans are: (1) The CTA Plan, 
which is operated by the Consolidated Tape Association and 
disseminates transaction information for securities with the primary 
listing market on exchanges other than NASDAQ Stock Market LLC 
(``Nasdaq''): (2) The CQ Plan, which disseminates consolidated 
quotation information for securities with their primary listing on 
exchanges other than Nasdaq; and (3) the Nasdaq UTP Plan, which 
disseminates consolidated transaction and quotation information for 
securities with their primary listing on Nasdaq.
---------------------------------------------------------------------------

    SEC staff has requested that the Exchange file a supplemental 
proposed rule change to specify in Exchange rules which data feeds the 
Exchange uses for the above-described purposes. Accordingly, the 
Exchange is filing this proposed rule change.
    As set forth in its July 2014 Data Feed Filing, the Exchange uses 
only the SIP data feeds to determine protected quotations on markets 
other than the Exchange \8\ for purposes of compliance with Rule 611 
and Rule 610(d), including identifying where to route ISOs, to 
calculate the protected best bid or offer (``PBBO'') for purposes of 
order types that are priced based on the PBBO, and to determine the 
national best bid (``NBB'') \9\ for purposes of compliance with Rule 
201 of Regulation SHO and Rule 440B.\10\ The Exchange notes that when 
it routes interest to a protected quotation, the Exchange adjusts the 
PBBO.
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    \8\ The Exchange notes that because the FINRA Alternate Display 
Facility (``ADF'') does not currently display any quotations, the 
Exchange does not need any data feeds to provide it with ADF quotes.
    \9\ The NBBO is defined as the best bid and best offer of an NMS 
security. 17 CFR 242.600(b)(3). The Exchange notes that the NBBO may 
differ from the PBBO because the NBBO includes Manual Quotations, 
which are defined as any quotation other than an automated 
quotation. 17 CFR 242.600(b)(37). By contrast, a protected quotation 
is an automated quotation that is the best bid or offer of a 
national securities exchange. 17 CFR 242.60(b)(57)(iii).
    \10\ NYSE Rule 440B(b) requires that Exchange systems not 
execute or display a short sale order with respect to a covered 
security at a price that is less than or equal to the current NBB if 
the price of that security decreases by 10% or more, as determined 
by the Exchange, from the security's closing price on the Exchange 
at the end of regular trading hours on the prior day.
---------------------------------------------------------------------------

    The Exchange proposes to add new Supplementary Material .01 to Rule 
19, which would state the following:
    .01 The Exchange uses the following data feeds for the handing, 
execution, and routing of orders, as well as for regulatory compliance:

------------------------------------------------------------------------
                                                             Secondary
           Market center               Primary source         source
------------------------------------------------------------------------
BATS Exchange, Inc................  SIP Data Feed.......             n/a
BATS Y-Exchange, Inc..............  SIP Data Feed.......             n/a
Chicago Stock Exchange, Inc.......  SIP Data Feed.......             n/a
EDGA Exchange, Inc................  SIP Data Feed.......             n/a
EDGX Exchange, Inc................  SIP Data Feed.......             n/a
NASDAQ OMX BX LLC.................  SIP Data Feed.......             n/a
NASDAQ OMX PHLX LLC...............  SIP Data Feed.......             n/a
NASDAQ Stock Market LLC...........  SIP Data Feed.......             n/a
NYSE Arca Equities, Inc...........  SIP Data Feed.......             n/a
------------------------------------------------------------------------

    The Exchange notes that it does not trade any securities listed on 
the NYSE MKT LLC.
2. Statutory Basis
    The proposed rule change is consistent with section 6(b) of the 
Securities Exchange Act of 1934 (the ``Act''),\11\ in general, and 
furthers the objectives of section 6(b)(5),\12\ in particular, because 
it is designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, to remove impediments to, and perfect the 
mechanism of, a free and open market and a national market system and, 
in general, to protect investors and the public interest. The Exchange 
believes that the proposed rule change removes impediments to and 
perfects the mechanism of a free and open market because it provides 
enhanced transparency to better assess the quality of an exchange's 
execution and routing services.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed change is not 
designed to

[[Page 12242]]

address any competitive issue but rather would provide the public and 
investors with information about which data feeds the Exchange uses for 
execution and routing decisions.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate, the proposed rule change has become effective 
pursuant to section 19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) 
thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \15\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The Exchange 
stated that waiver of the operative delay will permit the Exchange to 
immediately provide the enhanced transparency in Exchange rules. The 
Commission believes the waiver of the operative delay is consistent 
with the protection of investors and the public interest. Therefore, 
the Commission hereby waives the operative delay and designates the 
proposal operative upon filing.\17\
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-NYSE-2015-09 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2015-09. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSE-2015-09 and should be 
submitted on or before March 27, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-05164 Filed 3-5-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  12240                           Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices

                                                  underlying company. Specifically, rule                  Therefore, the Commission estimates                   SECURITIES AND EXCHANGE
                                                  30e–2 requires that the report contain                  that the total hour burden is                         COMMISSION
                                                  all the applicable information and                      approximately 84,700 hours. In addition
                                                  financial statements or their equivalent,               to the burden hours, the Commission                   [Release No. 34–74410; File No. SR–NYSE–
                                                  required by rule 30e–1 under the                        estimates that the annual cost of                     2015–09]
                                                  Investment Company Act (17 CFR                          contracting for outside services
                                                  270.30e–1) to be included in reports of                 associated with rule 30e–2 is $20,000                 Self-Regulatory Organizations; New
                                                  the underlying fund for the same fiscal                 per respondent, for a total annual cost               York Stock Exchange LLC; Notice of
                                                  period. Rule 30e–1 requires that the                    of approximately $14,000,000.                         Filing and Immediate Effectiveness of
                                                  underlying fund’s report contain, among                                                                       Proposed Rule Change Specifying in
                                                  other things, the information that is                     Estimates of average burden hours are
                                                                                                          made solely for the purposes of the                   Exchange Rules the Exchange’s Use of
                                                  required to be included in such reports
                                                                                                          Paperwork Reduction Act and are not                   Certain Data Feeds for Order Handling
                                                  by the fund’s registration statement form
                                                                                                          derived from a comprehensive or even                  and Execution, Order Routing, and
                                                  under the Investment Company Act.
                                                  The purpose of this requirement is to                   representative survey or study of the                 Regulatory Compliance
                                                  apprise current shareholders of the                     costs of Commission rules and forms.                  March 2, 2015.
                                                  operational and financial condition of                  The collection of information under rule
                                                  the UIT. Absent the requirement to                      30e–2 is mandatory. The information                      Pursuant to section 19(b)(1) 1 of the
                                                  disclose all material information in                    provided under rule 30e–2 will not be                 Securities Exchange Act of 1934 (the
                                                  reports, investors would be unable to                   kept confidential. An agency may not                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  obtain accurate information upon which                  conduct or sponsor, and a person is not               notice is hereby given that, on February
                                                  to base investment decisions and                        required to respond to, a collection of               24, 2015, New York Stock Exchange
                                                  consumer confidence in the securities                   information unless it displays a                      LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
                                                  industry might be adversely affected.                   currently valid OMB control number.                   with the Securities and Exchange
                                                  Requiring the submission of these                                                                             Commission (the ‘‘Commission’’) the
                                                  reports to the Commission permits us to                   Written comments are invited on: (a)                proposed rule change as described in
                                                  verify compliance with securities law                   Whether the proposed collection of                    Items I and II below, which Items have
                                                  requirements.                                           information is necessary for the proper               been prepared by the self-regulatory
                                                     Rule 30e–2, however, permits, under                  performance of the functions of the                   organization. The Commission is
                                                  certain conditions, delivery of a single                agency, including whether the                         publishing this notice to solicit
                                                  shareholder report to investors who                     information will have practical utility;              comments on the proposed rule change
                                                  share an address (‘‘householding’’).                    (b) the accuracy of the agency’s estimate             from interested persons.
                                                  Specifically, rule 30e–2 permits                        of the burden of the collection of
                                                  householding of annual and semi-                        information; (c) ways to enhance the                  I. Self-Regulatory Organization’s
                                                  annual reports by UITs to satisfy the                   quality, utility, and clarity of the                  Statement of the Terms of Substance of
                                                  delivery requirements of rule 30e–2 if,                 information collected; and (d) ways to                the Proposed Rule Change
                                                  in addition to the other conditions set                 minimize the burden of the collection of
                                                  forth in the rule, the UIT has obtained                                                                          The Exchange proposes to specify in
                                                                                                          information on respondents, including                 Exchange rules the Exchange’s use of
                                                  from each applicable investor written or
                                                                                                          through the use of automated collection               certain data feeds for order handling
                                                  implied consent to the householding of
                                                                                                          techniques or other forms of information              and execution, order routing, and
                                                  shareholder reports at such address. The
                                                  rule requires UITs that wish to                         technology. Consideration will be given               regulatory compliance. The text of the
                                                  household shareholder reports with                      to comments and suggestions submitted                 proposed rule change is available on the
                                                  implied consent to send a notice to each                in writing within 60 days of this                     Exchange’s Web site at www.nyse.com,
                                                  applicable investor stating that the                    publication.                                          at the principal office of the Exchange,
                                                  investors in the household will receive                   Please direct your written comments                 and at the Commission’s Public
                                                  one report in the future unless the                     to Pamela Dyson, Director/Chief                       Reference Room.
                                                  investors provide contrary instructions.                Information Officer, Securities and
                                                  In addition, at least once a year, UITs                                                                       II. Self-Regulatory Organization’s
                                                                                                          Exchange Commission, C/O Remi
                                                  relying on the rule for householding                                                                          Statement of the Purpose of, and
                                                                                                          Pavlik-Simon, 100 F Street NE.,
                                                  must explain to investors who have                                                                            Statutory Basis for, the Proposed Rule
                                                                                                          Washington, DC 20549; or send an email
                                                  provided written or implied consent                                                                           Change
                                                                                                          to: PRA_Mailbox@sec.gov.
                                                  how they can revoke their consent. The
                                                  purpose of the notice and annual                          Dated: March 2, 2015.                                 In its filing with the Commission, the
                                                  explanation requirements associated                     Brent J. Fields,                                      self-regulatory organization included
                                                  with the householding provisions of the                                                                       statements concerning the purpose of,
                                                                                                          Secretary.
                                                  rule is to ensure that investors who wish                                                                     and basis for, the proposed rule change
                                                                                                          [FR Doc. 2015–05219 Filed 3–5–15; 8:45 am]
                                                  to receive individual copies of                                                                               and discussed any comments it received
                                                                                                          BILLING CODE 8011–01–P
                                                  shareholder reports are able to do so.                                                                        on the proposed rule change. The text
                                                     The Commission estimates that the                                                                          of those statements may be examined at
                                                  annual burden associated with rule 30e–                                                                       the places specified in Item IV below.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  2 is 121 hours per respondent, including                                                                      The Exchange has prepared summaries,
                                                  an estimated 20 hours associated with                                                                         set forth in sections A, B, and C below,
                                                  the notice requirement for householding                                                                       of the most significant parts of such
                                                  and an estimated 1 hour associated with                                                                       statements.
                                                  the explanation of the right to revoke
                                                  consent to householding. The                                                                                    1 15 U.S.C.78s(b)(1).
                                                  Commission estimates that there are                                                                             2 15 U.S.C. 78a.
                                                  currently approximately 700 UITs.                                                                               3 17 CFR 240.19b–4.




                                             VerDate Sep<11>2014   18:59 Mar 05, 2015   Jkt 235001   PO 00000   Frm 00103   Fmt 4703   Sfmt 4703   E:\FR\FM\06MRN1.SGM   06MRN1


                                                                                           Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices                                                                                  12241

                                                  A. Self-Regulatory Organization’s                                    goal of disclosing this information was                                As set forth in its July 2014 Data Feed
                                                  Statement of the Purpose of, and                                     to provide broker-dealers and investors                              Filing, the Exchange uses only the SIP
                                                  Statutory Basis for, the Proposed Rule                               with enhanced transparency to better                                 data feeds to determine protected
                                                  Change                                                               assess the quality of an exchange’s                                  quotations on markets other than the
                                                                                                                       execution and routing services.                                      Exchange 8 for purposes of compliance
                                                  1. Purpose
                                                                                                                         On July 18, 2014, in response to the                               with Rule 611 and Rule 610(d),
                                                     On June 5, 2014, in a speech entitled
                                                                                                                       above request, the Exchange filed a                                  including identifying where to route
                                                  ‘‘Enhancing Our Market Equity
                                                                                                                       proposed rule change that clarified the                              ISOs, to calculate the protected best bid
                                                  Structure,’’ Mary Jo White, Chair of the
                                                  Securities and Exchange Commission                                   Exchange’s use of certain data feeds for                             or offer (‘‘PBBO’’) for purposes of order
                                                  (‘‘SEC’’ or the ‘‘Commission’’) requested                            order handling and execution, order                                  types that are priced based on the
                                                  the equity exchanges to file with the                                routing, and regulatory compliance.6 As                              PBBO, and to determine the national
                                                  Commission the data feeds used for                                   noted in that filing, the data feeds                                 best bid (‘‘NBB’’) 9 for purposes of
                                                  purposes of (1) order handling and                                   available for the purposes of order                                  compliance with Rule 201 of Regulation
                                                  execution (e.g., with pegged or midpoint                             handling and execution, order routing,                               SHO and Rule 440B.10 The Exchange
                                                  orders); (2) order routing, and (3)                                  and regulatory compliance at the                                     notes that when it routes interest to a
                                                  regulatory compliance, if applicable.4                               Exchange include the exclusive                                       protected quotation, the Exchange
                                                  Subsequent to the Chair’s speech, the                                securities information processor (‘‘SIP’’)                           adjusts the PBBO.
                                                  Division of Trading and Markets stated                               data feeds.7
                                                                                                                                                                                              The Exchange proposes to add new
                                                  that it ‘‘believes there is a need for                                 SEC staff has requested that the                                   Supplementary Material .01 to Rule 19,
                                                  clarity regarding whether (1) the SIP                                Exchange file a supplemental proposed                                which would state the following:
                                                  data feeds, (2) proprietary data feeds, or                           rule change to specify in Exchange rules
                                                  (3) a combination thereof,’’ are used for                            which data feeds the Exchange uses for                                 .01 The Exchange uses the following
                                                  these purposes and requested that                                    the above-described purposes.                                        data feeds for the handing, execution,
                                                  proposed rule changes be filed that                                  Accordingly, the Exchange is filing this                             and routing of orders, as well as for
                                                  disclose such information.5 The stated                               proposed rule change.                                                regulatory compliance:

                                                                                                                                                                                                                                              Secondary
                                                                                                   Market center                                                                             Primary source                                    source

                                                  BATS Exchange, Inc. ...................................................................................................    SIP   Data   Feed   ..........................................           n/a
                                                  BATS Y-Exchange, Inc. ...............................................................................................      SIP   Data   Feed   ..........................................           n/a
                                                  Chicago Stock Exchange, Inc. .....................................................................................         SIP   Data   Feed   ..........................................           n/a
                                                  EDGA Exchange, Inc. ..................................................................................................     SIP   Data   Feed   ..........................................           n/a
                                                  EDGX Exchange, Inc. ..................................................................................................     SIP   Data   Feed   ..........................................           n/a
                                                  NASDAQ OMX BX LLC ...............................................................................................          SIP   Data   Feed   ..........................................           n/a
                                                  NASDAQ OMX PHLX LLC ...........................................................................................            SIP   Data   Feed   ..........................................           n/a
                                                  NASDAQ Stock Market LLC ........................................................................................           SIP   Data   Feed   ..........................................           n/a
                                                  NYSE Arca Equities, Inc. .............................................................................................     SIP   Data   Feed   ..........................................           n/a



                                                     The Exchange notes that it does not                               equitable principles of trade, to foster                             because it provides enhanced
                                                  trade any securities listed on the NYSE                              cooperation and coordination with                                    transparency to better assess the quality
                                                  MKT LLC.                                                             persons engaged in facilitating                                      of an exchange’s execution and routing
                                                                                                                       transactions in securities, to remove                                services.
                                                  2. Statutory Basis
                                                                                                                       impediments to, and perfect the                                      B. Self-Regulatory Organization’s
                                                     The proposed rule change is                                       mechanism of, a free and open market
                                                  consistent with section 6(b) of the                                                                                                       Statement on Burden on Competition
                                                                                                                       and a national market system and, in
                                                  Securities Exchange Act of 1934 (the                                                                                                        The Exchange does not believe that
                                                                                                                       general, to protect investors and the
                                                  ‘‘Act’’),11 in general, and furthers the                                                                                                  the proposed rule change will impose
                                                  objectives of section 6(b)(5),12 in                                  public interest. The Exchange believes                               any burden on competition that is not
                                                  particular, because it is designed to                                that the proposed rule change removes                                necessary or appropriate in furtherance
                                                  prevent fraudulent and manipulative                                  impediments to and perfects the                                      of the purposes of the Act. The
                                                  acts and practices, to promote just and                              mechanism of a free and open market                                  proposed change is not designed to
                                                     4 See Mary Jo White, Chair, Securities and                        which is operated by the Consolidated Tape                           Exchange notes that the NBBO may differ from the
                                                  Exchange Commission, Speech at the Sandler,                          Association and disseminates transaction                             PBBO because the NBBO includes Manual
                                                  O’Neill & Partners, L.P. Global Exchange and                         information for securities with the primary listing                  Quotations, which are defined as any quotation
                                                  Brokerage Conference (June 5, 2014) (available at                    market on exchanges other than NASDAQ Stock                          other than an automated quotation. 17 CFR
                                                  www.sec.gov/News/Speech/Detail/Speech/1370542                        Market LLC (‘‘Nasdaq’’): (2) The CQ Plan, which                      242.600(b)(37). By contrast, a protected quotation is
                                                  004312#.U5HI-fmwJiw).                                                disseminates consolidated quotation information                      an automated quotation that is the best bid or offer
                                                     5 See Letter from James Burns, Deputy Director,                   for securities with their primary listing on                         of a national securities exchange. 17 CFR
                                                  Division of Trading and Markets, Securities and                      exchanges other than Nasdaq; and (3) the Nasdaq                      242.60(b)(57)(iii).
                                                  Exchange Commission, to Jeffrey C. Sprecher, Chief                   UTP Plan, which disseminates consolidated                               10 NYSE Rule 440B(b) requires that Exchange
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Executive Officer, Intercontinental Exchange, Inc.,                  transaction and quotation information for securities                 systems not execute or display a short sale order
                                                  dated June 20, 2014.                                                 with their primary listing on Nasdaq.                                with respect to a covered security at a price that is
                                                     6 See Securities Exchange Act Release No. 72710                      8 The Exchange notes that because the FINRA                       less than or equal to the current NBB if the price
                                                  (July 29, 2014), 79 FR 45511 (Aug. 5, 2014) (SR–                     Alternate Display Facility (‘‘ADF’’) does not                        of that security decreases by 10% or more, as
                                                  NYSE–2014–38) (‘‘July 2014 Data Feed Filing’’).                      currently display any quotations, the Exchange does                  determined by the Exchange, from the security’s
                                                     7 The SIP feeds are disseminated pursuant to                      not need any data feeds to provide it with ADF                       closing price on the Exchange at the end of regular
                                                  effective joint-industry plans as required by Rule                   quotes.                                                              trading hours on the prior day.
                                                                                                                          9 The NBBO is defined as the best bid and best                       11 15 U.S.C. 78f(b).
                                                  603(b) of Regulation NMS. 17 CFR 242.603(b). The
                                                  three joint-industry plans are: (1) The CTA Plan,                    offer of an NMS security. 17 CFR 242.600(b)(3). The                     12 15 U.S.C. 78f(b)(5).




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                                                  12242                            Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices

                                                  address any competitive issue but rather                Commission summarily may                              available publicly. All submissions
                                                  would provide the public and investors                  temporarily suspend such rule change if               should refer to File Number SR–NYSE–
                                                  with information about which data                       it appears to the Commission that such                2015–09 and should be submitted on or
                                                  feeds the Exchange uses for execution                   action is necessary or appropriate in the             before March 27, 2015.
                                                  and routing decisions.                                  public interest, for the protection of                  For the Commission, by the Division of
                                                                                                          investors, or otherwise in furtherance of             Trading and Markets, pursuant to delegated
                                                  C. Self-Regulatory Organization’s
                                                                                                          the purposes of the Act. If the                       authority.18
                                                  Statement on Comments on the
                                                                                                          Commission takes such action, the                     Brent J. Fields,
                                                  Proposed Rule Change Received From
                                                                                                          Commission shall institute proceedings                Secretary.
                                                  Members, Participants, or Others
                                                                                                          to determine whether the proposed rule
                                                    No written comments were solicited                                                                          [FR Doc. 2015–05164 Filed 3–5–15; 8:45 am]
                                                                                                          should be approved or disapproved.
                                                  or received with respect to the proposed                                                                      BILLING CODE 8011–01–P

                                                  rule change.                                            IV. Solicitation of Comments
                                                                                                            Interested persons are invited to
                                                  III. Date of Effectiveness of the                                                                             SECURITIES AND EXCHANGE
                                                                                                          submit written data, views and
                                                  Proposed Rule Change and Timing for                                                                           COMMISSION
                                                                                                          arguments concerning the foregoing,
                                                  Commission Action
                                                                                                          including whether the proposed rule
                                                     Because the proposed rule change                                                                           [Release No. 34–74402; File No. SR–BYX–
                                                                                                          change is consistent with the Act.                    2015–12]
                                                  does not (i) significantly affect the                   Comments may be submitted by any of
                                                  protection of investors or the public                   the following methods:                                Self-Regulatory Organizations; BATS
                                                  interest; (ii) impose any significant                                                                         Y-Exchange, Inc.; Notice of Filing and
                                                  burden on competition; and (iii) become                 Electronic Comments
                                                                                                                                                                Immediate Effectiveness of a Proposed
                                                  operative for 30 days from the date on                    • Use the Commission’s Internet
                                                                                                                                                                Rule Change To Amend Rule 11.22 To
                                                  which it was filed, or such shorter time                comment form (http://www.sec.gov/
                                                                                                                                                                Update the Names of Certain Market
                                                  as the Commission may designate, the                    rules/sro.shtml); or
                                                                                                            • Send an email to rule-comments@                   Data Products
                                                  proposed rule change has become
                                                  effective pursuant to section 19(b)(3)(A)               sec.gov. Please include File Number SR–               March 2, 2015.
                                                  of the Act 13 and Rule 19b–4(f)(6)                      NYSE–2015–09 on the subject line.                        Pursuant to Section 19(b)(1) of the
                                                  thereunder.14                                           Paper Comments                                        Securities Exchange Act of 1934 (the
                                                     A proposed rule change filed                                                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  pursuant to Rule 19b–4(f)(6) under the                     • Send paper comments in triplicate
                                                                                                                                                                notice is hereby given that on February
                                                  Act 15 normally does not become                         to Secretary, Securities and Exchange
                                                                                                                                                                18, 2015, BATS Y-Exchange, Inc. (the
                                                  operative for 30 days after the date of its             Commission, 100 F Street NE.,
                                                                                                                                                                ‘‘Exchange’’ or ‘‘BYX’’) filed with the
                                                  filing. However, Rule 19b–4(f)(6)(iii) 16               Washington, DC 20549–1090.
                                                                                                                                                                Securities and Exchange Commission
                                                  permits the Commission to designate a                   All submissions should refer to File                  (‘‘Commission’’) the proposed rule
                                                  shorter time if such action is consistent               Number SR–NYSE–2015–09. This file                     change as described in Items I and II
                                                  with the protection of investors and the                number should be included on the                      below, which Items have been prepared
                                                  public interest. The Exchange has asked                 subject line if email is used. To help the            by the Exchange. The Exchange has
                                                  the Commission to waive the 30-day                      Commission process and review your                    designated this proposal as a ‘‘non-
                                                  operative delay so that the proposal may                comments more efficiently, please use                 controversial’’ proposed rule change
                                                  become operative immediately upon                       only one method. The Commission will                  pursuant to Section 19(b)(3)(A) of the
                                                  filing. The Exchange stated that waiver                 post all comments on the Commission’s                 Act 3 and Rule 19b–4(f)(6)(iii)
                                                  of the operative delay will permit the                  Internet Web site (http://www.sec.gov/                thereunder,4 which renders it effective
                                                  Exchange to immediately provide the                     rules/sro.shtml). Copies of the                       upon filing with the Commission. The
                                                  enhanced transparency in Exchange                       submission, all subsequent                            Commission is publishing this notice to
                                                  rules. The Commission believes the                      amendments, all written statements                    solicit comments on the proposed rule
                                                  waiver of the operative delay is                        with respect to the proposed rule                     change from interested persons.
                                                  consistent with the protection of                       change that are filed with the
                                                  investors and the public interest.                      Commission, and all written                           I. Self-Regulatory Organization’s
                                                  Therefore, the Commission hereby                        communications relating to the                        Statement of the Terms of Substance of
                                                  waives the operative delay and                          proposed rule change between the                      the Proposed Rule Change
                                                  designates the proposal operative upon                  Commission and any person, other than                    The Exchange filed a proposal to
                                                  filing.17                                               those that may be withheld from the                   amend Rule 11.22, Data Products, to
                                                     At any time within 60 days of the                    public in accordance with the                         update the names of certain products to
                                                  filing of the proposed rule change, the                 provisions of 5 U.S.C. 552, will be                   align with recent changes made to the
                                                                                                          available for Web site viewing and                    names of the same products in the
                                                    13 15  U.S.C. 78s(b)(3)(A).
                                                    14 17
                                                                                                          printing in the Commission’s Public                   Exchange’s fee schedule.
                                                           CFR 240.19b–4(f)(6). As required under Rule
                                                  19b–4(f)(6)(iii), the Exchange provided the
                                                                                                          Reference Room, 100 F Street NE.,                        The text of the proposed rule change
                                                  Commission with written notice of its intent to file    Washington, DC 20549, on official                     is available at the Exchange’s Web site
                                                  the proposed rule change, along with a brief            business days between the hours of                    at www.batstrading.com, at the
                                                  description and the text of the proposed rule           10:00 a.m. and 3:00 p.m. Copies of the
                                                  change, at least five business days prior to the date                                                         principal office of the Exchange, and at
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  of filing of the proposed rule change, or such
                                                                                                          filing also will be available for                     the Commission’s Public Reference
                                                  shorter time as designated by the Commission.           inspection and copying at the principal               Room.
                                                     15 17 CFR 240.19b–4(f)(6).                           office of the Exchange. All comments
                                                     16 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                          received will be posted without change;                 18 17 CFR 200.30–3(a)(12).
                                                     17 For purposes only of waiving the 30-day
                                                                                                          the Commission does not edit personal                   1 15 U.S.C. 78s(b)(1).
                                                  operative delay, the Commission has also
                                                  considered the proposed rule’s impact on
                                                                                                          identifying information from                            2 17 CFR 240.19b–4.

                                                  efficiency, competition, and capital formation. See     submissions. You should submit only                     3 15 U.S.C. 78s(b)(3)(A).

                                                  15 U.S.C. 78c(f).                                       information that you wish to make                       4 17 CFR 240.19b–4(f)(6)(iii).




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Document Created: 2018-02-21 09:33:26
Document Modified: 2018-02-21 09:33:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 12240 

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